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PEOPLE v. NAPUE

Gen. No. 51,020.

83 Ill. App.2d 41 (1967)

227 N.E.2d 143

People of the State of Illinois, Plaintiff-Appellee, v. Vernon Napue, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

April 27, 1967.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Frederick F. Cohn and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Morton E. Friedman, Assistant State's Attorneys, of counsel), for appellee.

MR. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court.

This is an appeal from a conviction after a jury trial for burglary. Defendant, Napue, was sentenced to the penitentiary for a period of five to twenty years.

Defendant contends on appeal that (1) the identification of defendant was insufficient and the result of an unconstitutional suggestive identification procedure; (2) the court erroneously instructed the jury on admission by silence when...

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